USCA20R0176 - Multidata Organization Solicitation FINAL.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

USCA20R0176 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

09/09/2020

6. REQUISITION/PURCHASE NUMBER

LPTD200017

CODE PMD

Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

N/A. Email submission only 15:00:00 09/22/2020

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 3-100. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

AJ M. Lee AREA CODE

NUMBER

502-2625

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

aj_lee@ao.uscourts.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES CONTRACT

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes a minimum offer acceptance period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDER DAYS(%) 20 CALENDER DAYS(%) 30 CALENDER DAYS(%) CALENDAR DAYS

NUMBER PERCENTAGE

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE AFSD Accounting Division, DAS-BAPO-ACC Administrative Office of the United States Courts One Columbus Circle, N.E., Suite 5-300 Washington, DC 20544-0001

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

Judiciary Standard Form 33 (REV. 10-12)

USCA20R0176 - Page 1 of 21

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

C-1 Statement of Work D Packaging and Marking

2-45 Packaging and Marking E Inspection and Acceptance

2-5B Inspection of Services F Deliveries or Performance

2-60 Stop-Work Order 7-200 Judiciary Delay of Work F-1 Deliverables 5-75 Suspensions and Delays F-3 Place of Performance

G Contract Administration Data 3-305 Payment by Electronic Funds Transfer-System for Award Management (SAM) Registration 7-1 Contract Administration 7-10 Contractor Representative 7-125 Invoices G-1 Points of Contact G-2 Invoice Instructions G-3 Government Furnished Information

H Special Contract Requirements 1-1 Employment by the Government H-2 Travel H-3 Project Manager 2-65 Key Personnel

I Contract Clauses 1-10 Gratuities or Gifts 1-15 Disclosure of Contractor Information to the Public 1-5 Conflict of Interest 2-140 Judiciary IT Security Standards 2-55 Privacy or Security Safeguards 3-105 Audit and Records 3-120 Order of Precedence 3-205 Protest after Award 3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 3-300 Registration in the System for Award Management (SAM) 3-35 Covenant Against Contingent Fees 3-40 Restrictions on Subcontractor Sales to the Judiciary 3-45 Anti-Kickback Procedures 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 3-55 Price or Fee Adjustment for Illegal or Improper Activity 5-20 Records Ownership 5-30 Authorization and Consent 6-110 Deferred Ordering of Technical Data or Computer Software 6-40 Federal, State, and Local Taxes 6-60 Rights in Data - General 6-90 Notice and Assistance Regarding Patent and Copyright Infringement 6-95 Patent Indemnity 7-100B Limitation of Liability (Services) 7-110 Bankruptcy 7-130 Interest (Prompt Payment) 7-135 Payments 7-140 Discounts for Prompt Payment 7-15 Observance of Regulations/Standards of Conduct 7-150 Extras 7-175 Assignment of Claims 7-185 Changes 7-195 Excusable Delays 7-20 Security Requirements

USCA20R0176 - Page 2 of 21

7-205 Payment for Judiciary Holidays 7-210 Payment for Emergency Closures 7-215 Notification of Ownership Changes 7-220 Termination for Convenience of the Judiciary (Fixed Price) 7-230 Termination for Default - Fixed-Price Products and Services 7-235 Disputes 7-25 Indemnification 7-30 Public Use of the Name of the Federal Judiciary 7-35 Disclosure or Use of Information 7-40 Judiciary-Contractor Relationships 7-65 Protection of Judiciary Buildings, Equipment, and Vegetation 7-70 Judiciary Property Furnished "As Is" 7-85 Examination of Records B-20 Computer Generated Forms 3-160 Service Contract Act of 1965 2-20C Warranty of Services B-5 Clauses Incorporated by Reference 2-90C Option to Extend Services

J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents

3-15 Place of Performance 3-130 Authorized Negotiators 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters 3-30 Certificate of Independent Price Determination 3-5 Taxpayer Identification and Other Offeror Information 6-50 Representation of Rights in Data 3-195 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Certification

L Instructions, Conditions and Notices to Offerors or Respondents 3-100 Instructions to Offerors 3-210 Protests 3-85 Explanation to Prospective Offerors 3-95 Preparation of Offers 7-60 Judiciary Furnished Property or Services 4-1 Type of Contract B-1 Solicitation Provisions Incorporated by Reference L-1 Instructions to Offerors

M Evaluation Factors for Award 2-85A Evaluation Inclusive of Options 3-70 Determination of Responsibility M-1 Evaluation Criteria

USCA20R0176 - Page 3 of 21

Section B - Supplies or Services and Prices/Costs

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0001 Multimedia Data Organization Services 50 Each

Extended Description:50 Case maximum - Each individual case shall be completed, accepted, and invoiced for payment. Firm Fixed Price per case.

Period of Performance:09/30/2020 - 09/29/2021

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

1001 Judiciary Clause 2-90C, "Option to Extend

Services" (6 month maximum) - Multimedia Data

Organization Services

25 Each

Extended Description:25 Case maximum - Each individual case shall be completed, accepted, and invoiced for payment. Firm Fixed Price per case.

Period of Performance:09/30/2021 - 03/29/2022

Section C - Descriptions/Specifications/Statement of Work

C-1 Statement of Work

Multimedia Data Organization Services

1.0 Introduction

The Defender Services Office (DSO) of the Administrative Office of the United States Courts (AOUSC) Na-tional Litigation Support (NLST) have a principal task of providing resources to Federal Defender Organiza-tions and Criminal Justice Act (CJA) panel attorneys in the management, organization and review of discovery.

Currently, the NLST assists by utilizing a combination of technology and third-party human resources in the management of discovery, developing review strategies to improve attorney efficiency and effectiveness, and avoiding duplicative organizational work. Part of this process includes improving the discovery procedures which can be difficult and time consuming. Improvement enables attorneys to review and search available in-formation in formats which are easier to search, review and organize while maintaining evidentiary integrity.

2.0 Background

This requirement stems from the volume and complexity of discovery, which increases each year, in federal criminal cases. Wiretap line sheets, audio recordings (including jail calls), social media returns, and text and call-related data are pervasive. There are now an increased number of metadata fields potentially available, a more disparate set of file structures for each production and an increasing number of formats within the same production. Legal teams need to understand the scope of what they receive in discovery along with a more effi-cient way to not only access the information but to search, filter and review the voluminous multimedia files.

Efficiency is difficult to attain when formats are not text searchable or when the files cannot be quickly filtered and grouped for further review. These problems are compounded when there are multiple overlapping sessions, duplicate productions in different formats and multiple filters that may cause the same call to appear in different places and in various ways.

USCA20R0176 - Page 4 of 21

3.0 Scope

DSO is seeking a contractor to organize wiretap linesheets, jail calls and other related multimedia data produced to defense teams by the U.S. Attorney’s Office as part of discovery in a case. These data sets are critical, volu-minous and challenging to review because they come from a multitude of sources, often provided in duplicate, in many inconsistent formats.

DSO recognizes the ever-changing and growing complexity of multimedia files produced as part of discovery in federal criminal cases. Multimedia files are provided to defense counsel in many formats due to the enormous number of sources from which these files are collected. With more individuals and organizations storing more data on a routine basis, the volume of information being produced, on computers, cell phones, and other media has generally been increasing over time and the management and review of this large amount of information has become extremely challenging. DSO is seeking a contractor to provide services for converting of large amounts of variable information from multiple formats into one consistent, useable format for the purpose of discovery.

4.0 Performance Requirements

The contractor’s solution shall provide conversion and rudimentary organization of multimedia files produced in discovery and provide the converted files to defense teams in a more useable format. Key metadata fielded information from the files will be extracted and organized in such a way as to allow attorneys and defense team members to more easily search, review, and filter the discovery into subsets of information. The contractor’s output of the multimedia files, especially audio files, will enable a less time-consuming review enabling the de-fense teams to easily skim multimedia file contents, and provide methods to search, sort and filter subsets of in-formation by category.

4.1 Task 1 - Data Conversion Files

The contractor shall provide data conversion files for up to 50 court cases. It is estimated that most files will be between 250GB to 1TB. The files for each court case can range upwards of 1TB per case and is not anticipated to exceed 1TB. The following shall be completed for Task 1:

• Identification of all common and uncommon formats of wiretap linesheets (linesheets are spreadsheets that show where the data originated, formats, and other information);

• Identification and elimination of all duplicate entries while maintaining all relevant metadata;

• Production/conversion of all data in formats for end users to playback in most industry standard audio play-back software;

• Combination of all disparate data sources into an industry standard format for review using a single media player with the ability to play back on any common device such as a phone or computer;

• Preparation of linesheet data for review in a current or previous version of Microsoft Excel spreadsheet (MS Office 365 ProPlus version) as needed;

• Preparation of linesheet data for ingestion into an online review tool, provided by the contractor, by provid-ing fielded data into one industry standard format that includes accurate page equivalents and multimedia recording lengths for converted linesheet data;

• Conversion of proprietary and non-standard formats to industry standard formats;

• Conversion of social media message threads produced in various formats to a threaded, coherent view by combining all messages into a single readable thread to an industry standard format that can be used on any device (i.e. MP3, MP4); and

• Written scripts which require conversion and organization of multimedia files as needed.

The contractor shall have two business days, after the receipt of the case, to determine the length of time until

USCA20R0176 - Page 5 of 21 completion.

4.2 Task 2 - Support Services

The contractor’s solution should provide continuous support services to DSO using qualified personnel with availability for timely execution, management and responsiveness in completing all associated tasks.

The contractor shall be responsible for scheduling and attending meetings, at a minimum every two (2) weeks, however, if necessary, to fulfill contract requirements, meet more than twice a week will be necessary. The nor-mal working days during which all meetings can be scheduled are Monday through Friday except for Federal Government holidays, between the hours of 8:00 AM and 4:00 PM Pacific Daylight Time (PDT). Meeting at-tendees shall include the Contracting Officer Representative (COR) and the COR’s designee(s) with reasonable consideration for attendees in other continental US (CONUS) time zones. Meeting arrangements in facilitating use of technology to support remote participation, including conference calls, desktop sharing and video confer-encing. There is little to no expectation that face to meetings will be required at the Thurgood Marshall facility in Washington, D.C. Software used for these purposes can include MS Skype, MS Teams, GoToMeeting, and WebEx. For all scheduled meetings, the contractor shall provide an agenda to all attendees at least one (1) busi-ness day in advance of the scheduled meeting. The contractor is also to record and distribute meeting minutes within two (2) business days following each meeting.

4.3 Task 3 - Tracking Services

The contractor’s solution shall include development and maintenance of a project log with a separate section for each case they receive data in that includes the following:

• Assigned Point of Contact’s contact information

• Communication log

• Chain of custody log

• Staff working on project

• Amount of data received

• Format of data received

• Output format

• Task tracking

• Hours worked

• Exception information

• Notes

The Contractor is required to provide written progress reports weekly during the contract before each weekly meeting. The progress report will cover all work completed and in progress during the previous week and note any new projected anticipated to come in during the current week. The progress report will also identify any problems that arose and a statement explaining how the problem was resolved and any problems that have aris-en that could not be resolved or have not been resolved with a timeline and possible solution.

The Contractor shall provide in the progress report the number of files and the file size for each case that was converted and sort by office from which the data was received.

Section D - Packaging and Marking

2-45 Packaging and Marking AUG 2004

(a) Unless otherwise specified, preservation, packaging, and marking for all items delivered hereunder shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival

USCA20R0176 - Page 6 of 21 at destination. The contractor shall place the contract number and delivery order number, or purchase order, as applicable, on or adjacent to the exterior shipping label or include them on the internal packing slip. For any magnetic media provided, the contractor shall provide extra markings for protection against exposure to mag-netic fields or temperature extremes.

(b) All documentation, reports, and other deliverables shall be clearly marked with the project title, contract number, and delivery order number (when applicable). Unless otherwise specified, all items shall be packaged and packed in accordance with normal commercial practices - e.g., if magnetic media is involved, extra marking shall be considered for protection against exposure to magnetic fields or temperature.

(END)

Section E - Inspection and Acceptance

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-5B Inspection of Services APR 2013

Section F - Deliveries or Performance

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-60 Stop-Work Order JAN 2010

7-200 Judiciary Delay of Work JAN 2003

F-1 Deliverables

The Contractor shall provide the deliverables in accordance with the schedule as follows.

Setting expectations on a case by case level for when projects will be completed is crucial. Regular communic-ation with the COR regarding all Cases will be required to ensure that timely submission of deliverables is ac-complished. All deliverables will be prepared and submitted according to the agreed upon timeline and in the agreed upon format between the Contractor and the COR.

Deliverable Due Dates Review Period G-3 Data Control Policies Within five (5) days of Award Within five (5) business days of receipt

4.1 Case Work Initial assess-

ment

Two (2) business days; Case work completion dates are Mu-tually agreed to

Initial assessment within five

(5) business days of receipt

4.1 Case-Work Completion Mutual Agreement - Varies by

case and size of file

Final product within five (5) business days of receipt

4.2 Meeting Agendas One (1) business day in advance

of meetings

Immediately upon receipt

4.2 Meeting Minutes Two (2) days after meeting

completion

Immediately upon receipt

4.3 Project Log & Weekly Pro-

gress Reports

Weekly each Tuesday morning Immediately upon receipt

5-75 Suspensions and Delays JAN 2003

(a) If the performance of all or any part of the work of this contract is suspended, delayed, or interrupted by:

(1) an order or act of the contracting officer in administering this contract; or

USCA20R0176 - Page 7 of 21

(2) by a failure of the contracting officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment will be made for any increase in the cost of performance of this contract caused by the delay or interruption (including the costs incurred during any suspension or interruption). An ad-justment will also be made in the delivery or performance dates and any other contractual term or condition af-fected by the suspension, delay, or interruption. However, no adjustment may be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause will not be allowed:

(1) for any costs incurred more than 20 days before the contractor has notified the contracting officer in writing of the act or failure to act involved; and

(2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

(END)

F-3 Place of Performance

All work shall be conducted at the contractors facility. All meetings will be conducted by virtual means.

Travel is not anticipated for this requirement.

Section G - Contract Administration Data

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

3-305 Payment by Electronic Funds Transfer-System for Award

Management (SAM) Registration

APR 2013

7-1 Contract Administration JAN 2003

7-5 Contracting Officer's Representative APR 2013

7-10 Contractor Representative JAN 2003

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name: ___________________________________________________________________________ Address: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Email: ___________________________________________________________________________ Fax: ___________________________________________________________________________

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be respons-ible for all contract administration issues relative to this contract, and shall have full authority to act for and leg-ally bind the contractor on all such issues.

(END)

7-125 Invoices APR 2011

(a) Invoices shall be submitted to the address (physical or e-mail) specified in this contract and in accordance with any schedule for payments set forth elsewhere under this contract.

(b) The office that will make payments due under this contract will be designated in the contract at the time of contract award.

(c) To constitute a proper invoice, the billing document shall include the following information and/or attached

USCA20R0176 - Page 8 of 21 documentation:

(1) name of business concern and such business's Taxpayer Identification Number;

(2) period(s) covered by invoice and invoice date;

(3) purchase order or contract number or other authorization for delivery of property or services, e.g., delivery/ task order number for orders under indefinite delivery contracts;

(4) for each line item - general description of product delivered or services rendered, measured unit, and associ-ated price;

(5) any applicable payment discount terms;

(6) total amount billed;

(7) a subtotal of any and all fees or credits applied to the invoice;

(8) an amount due (if any) or credit balance;

(9) name (where practicable), title, phone number, fax number, and complete mailing address of the responsible official to whom payment is to be sent. The "remit to" address shall correspond to the remittance address in the contract;

(10) other substantiating documentation or information as required by the purchase/delivery/task order or con-tract;

(11) all follow-up invoices shall be marked "Duplicate of Original." Contractor questions regarding payment in-formation or check identification shall be directed to the relevant paying authority specified in the contract.

(end)

G-1 Points of Contact

Contract Specialist:

AJ M. LEE

Procurement Management Division Administrative Office of the U.S. Courts Aj_lee@AO.uscourts.gov

Contracting Officer:

John Baumert Procurement Management Division Administrative Office of the U.S. Courts john_baumert@AO.uscourts.gov

G-2 Invoice Instructions

The Contractor will provide an invoice for each completed and accepted case, identified in Section-B of this task. Invoices must include, as a minimum, the following information:

Name / DUNs # Case Name/Number CLIN billed Task Order Number: TBD

Send invoice to:

TBD

G-3 Government Furnished Information

DSO will provide the contractor secured information and, therefore, the contractor will be considered an agent of the legal team requesting assistance from that point forward. The contractor will ensure that all data provided is securely stored while in their custody. The contractor shall utilize a standard chain of custody form

USCA20R0176 - Page 9 of 21 to track movement of all data provided. The contractor shall develop and/or maintain internal policies, pro-cesses and procedures for handling of data and inform DSO of any updates or revisions.

Section H - Special Contract Requirements

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

1-1 Employment by the Government JAN 2003

H-2 Travel

Travel will NOT be required to fulfill the requirement.

H-3 Project Manager

The contractor shall provide the personnel identified herein, which is key personnel.

H.3.1 Designated as Project Manager

The contractor shall assign an individual to provide services in the position of a Project Manager. The desig-nated person performing these services, shall have knowledge, expertise and experience, sufficient for perform-ing all tasks listed in section 4.1, 4.2, and 4.3.

The Project Manager (PM) shall possess a thorough understanding of line sheets, proprietary audio and video formats, experience with supporting criminal defense attorneys in working with multi-media file formats as pro-duced in a variety of methods by the government. They shall possess an ability to communicate with attorneys and explain what they have received in their discovery and possess the technical proficiency to then explain to the contractor’s team what needs to be done to make the discovery useable for the client.

2-65 Key Personnel APR 2013

(a) Individuals identified below as key personnel and accepted for this contract are expected to remain dedicated to this contract. However, in the event that it becomes necessary for the contractor to replace any of the indi-viduals designated as key personnel, the contractor shall request such substitutions in accordance with this clause. Substitution of key personnel will be considered under the following circumstances only:

(1) All substitutes shall have qualifications at least equal to those of the person being replaced.

(2) All appointments of key personnel shall be approved in writing by the contracting officer, and no substitu-tions of such personnel shall be made without the advance written approval of the contracting officer.

(3) Except as provided in paragraph (4) of this clause, at least 30 days (60 days if security clearance is required) in advance of the proposed substitution, all proposed substitutions of key personnel shall be submitted in writ-ing to the contracting officer, including the information required in paragraph (5) of this provision.

(4) The following identifies the requirements for situations where individuals proposed as key personnel be-come unavailable because of sudden illness, death or termination of employment. The contractor shall within 5 work days after the event, notify the contracting officer in writing of such unavailability. If the event happens after award, the contracting officer will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the key personnel position. The contracting officer will promptly inform the contractor of this determination. If the contracting officer specifies that a temporary substi-tute is required, the contractor shall as soon as is practical identify who will be performing the work as a tem-porary substitute. The temporary substitute will then start performance on a date mutually acceptable to the con-tracting officer and the contractor. Within 15 work days following the event, if the contracting officer specifies that a permanent substitute is required, the contractor shall submit, in writing, for the contracting officer's ap-proval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as (7) below.

(5) Request for substitution of key personnel shall provide a detailed explanation of the circumstances necessit-

USCA20R0176 - Page 10 of 21 ating substitution, a resume of the proposed substitute, and any other information requested by the contracting officer to make a determination as to the appropriateness of the proposed substitute's qualifications. All resumes shall be signed by the proposed substitute and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

(6) As a minimum (or as otherwise specified in the solicitation), resumes shall include the following:

(a) name of person;

(b) functional responsibility;

(c) education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

(d) citizenship status;

(e) experience including, in reverse chronological order for up to ten years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descrip-tions of experience for each position held including specific experience related to the requirements of this con-tract; and

(f) certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certifica-tion).

(7) The contracting officer will promptly notify the contractor in writing of his/her approval or disapproval of all requests for substitution of key personnel. All disapprovals will require re-submission of another proposed substitution within 15 days by the contractor.

(b) The following individuals are designated as key personnel under this contract:

Project Manager

(END)

Section I - Contract Clauses

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the Public AUG 2004

1-5 Conflict of Interest AUG 2004

2-140 Judiciary IT Security Standards APR 2013

2-55 Privacy or Security Safeguards JAN 2003

3-105 Audit and Records APR 2011

3-120 Order of Precedence JAN 2003

3-205 Protest after Award JAN 2003

3-25 Protecting the Judiciary's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2014

3-300 Registration in the System for Award Management (SAM) APR 2013

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor Sales to the Judiciary JUN 2014

3-45 Anti-Kickback Procedures JUN 2012

3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or JUN 2012

USCA20R0176 - Page 11 of 21

Clause Title Date

Improper Activity

3-55 Price or Fee Adjustment for Illegal or Improper Activity JUN 2012

5-20 Records Ownership JAN 2003

5-30 Authorization and Consent JAN 2003

6-110 Deferred Ordering of Technical Data or Computer Software JUN 2014

6-40 Federal, State, and Local Taxes JAN 2003

6-60 Rights in Data - General JUN 2012

6-90 Notice and Assistance Regarding Patent and Copyright

Infringement

APR 2010

6-95 Patent Indemnity JAN 2010

7-100B Limitation of Liability (Services) JAN 2003

7-110 Bankruptcy JAN 2003

7-130 Interest (Prompt Payment) JAN 2003

7-135 Payments APR 2013

7-140 Discounts for Prompt Payment JAN 2003

7-15 Observance of Regulations/Standards of Conduct JAN 2003

7-150 Extras JAN 2003

7-175 Assignment of Claims JAN 2003

7-185 Changes APR 2013

7-195 Excusable Delays JAN 2003

7-20 Security Requirements APR 2013

7-205 Payment for Judiciary Holidays APR 2013

7-210 Payment for Emergency Closures APR 2013

7-215 Notification of Ownership Changes JAN 2003

7-220 Termination for Convenience of the Judiciary (Fixed Price) JAN 2003

7-230 Termination for Default - Fixed-Price Products and Services JAN 2003

7-235 Disputes JAN 2003

7-25 Indemnification AUG 2004

7-30 Public Use of the Name of the Federal Judiciary JUN 2014

7-35 Disclosure or Use of Information APR 2013

7-40 Judiciary-Contractor Relationships JAN 2003

7-65 Protection of Judiciary Buildings, Equipment, and Vegetation APR 2013

7-70 Judiciary Property Furnished "As Is" APR 2013

USCA20R0176 - Page 12 of 21

7-85 Examination of Records JAN 2003

B-20 Computer Generated Forms JAN 2003

3-160 Service Contract Act of 1965 JUN 2012

2-20C Warranty of Services JAN 2003

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the judi-ciary by which the judiciary assumes for itself, or as an agent of another, approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the judiciary or any provision concerning the conclusiveness thereof, the contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The contracting officer will give written notice of any defect or nonconformance to the contractor [contracting officer will insert the specific period of time in which notice will be given to the contractor; e.g., "within 30 days from the date of acceptance by the judiciary"; within 1000 hours of use by the judiciary;" or other specified event whose occurrence will ter-minate the period of notice, or combination of any applicable events or period of time]. This notice will state either

(1) that the contractor shall correct or re-perform any defective or nonconforming services; or

(2) that the judiciary does not require correction or re-performance.

(c) If the contractor is required to correct or re-perform, it shall be at no cost to the judiciary, and any services corrected or re-performed by the contractor shall be subject to this clause to the same extent as work initially performed. If the contractor fails or refuses to correct or re-perform, the contracting officer may, by contract or otherwise, correct or replace with similar services and charge to the contractor the cost occasioned to the judi-ciary thereby, or make an equitable adjustment in the contract price.

(d) If the judiciary does not require correction or re-performance, the contracting officer will make an equitable adjustment in the contract price.

(END)

B-5 Clauses Incorporated by Reference OCT 2010

This procurement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

(END)

2-90C Option to Extend Services APR 2013

The judiciary may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of perform-ance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor no later than ten (10) calendar days prior to the contract's current expiration date.

(END)

Section J - List of Attachments

Identifier Title Date Number of Pages

1 ATTACHMENT 1 - PRICING SHEET 09/04/2020

2 Attachment 2 - AO 213 09/08/2020

USCA20R0176 - Page 13 of 21

Section K - Representations, Certifications and Other Statements of Offerors or Respondents

3-15 Place of Performance JAN 2003

If the judiciary intends or the offeror proposes, in the performance of any contract resulting from this solicita-tion, to use one or more facilities located at addresses different from the offeror's address as indicated in this of-fer, the offeror shall include in its offer a statement referencing this provision and identifying those facilities by street address, city, country, state, and ZIP code, and the name and address of the operators of those facilities if other than the offeror.

(END)

3-130 Authorized Negotiators JAN 2003

The offeror represents that the following persons are authorized to negotiate on its behalf with the judiciary in connection with this solicitation (offeror lists names, titles, and telephone numbers of the authorized negotiat-ors).

Name: ___________________________________________________________________________ Titles: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Fax: ___________________________________________________________________________ Email: ___________________________________________________________________________

(END)

3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters

APR 2011

(a) (1) The offeror certifies, to the best of its knowledge and belief, that:

(i) the offeror and/or any of its principals:

(A) are __ are not __ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency;

(B) have __ have not __, within the three-year period preceding this offer, been convicted of or had a civil judg-ment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, at-tempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receiving stolen property;

(C) are __ are not __ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) have __ have not __, within a three-year period preceding this offer, been notified of any delinquent federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liablity is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial chal-lenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should be taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of federal tax lien with respect to an assessed tax liability, and the taxpayer has

USCA20R0176 - Page 14 of 21 been issued a notice under I.R.C.. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Ap-peals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a fi-nal tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the tax-payer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankrupty protection. The taxpayer is not delinquent because enforced collec-tion action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

ii. The offeror __ has __ has not, within a three-year period preceding this offer, had one or more contracts ter-minated for default by any federal agency.

(2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person hav-ing primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. § 1001.

(b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such ad-ditional information as requested by the contracting officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and inform-ation of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordin-ary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certi-fication, in addition to other remedies available to the judiciary, the contracting officer may terminate the con-tract resulting from this solicitation for default.

(END)

3-30 Certificate of Independent Price Determination JAN 2003

(a) The offeror certifies that:

(1) the prices in this offer have been arrived at independently, without, for the purpose of restricting competi-tion, any consultation, communication, or agreement, with any other offeror or with any competitor relating to:

(A) those prices;

(B) the intention to submit an offer; or

(C) the methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indir-ectly, to any other offeror or contract award unless otherwise required by law; and

(3) no attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory:

(1) is the person in the offeror's organization responsible for determining the prices in this offer, and that the signatory has not participated, and will not participate, in any action contrary to paragraphs( (a)(1) through (a)(3) of this provision; or

(2) (i) has been authorized, in writing, to act as agent for the following principals in certifying that those prin-

USCA20R0176 - Page 15 of 21 cipals have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ___________________________________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices in this offer, and the title of his or her position in the offeror's organization);

(ii) as an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision; have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provi-sion; and

(iii) as an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror shall furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(END)

3-5 Taxpayer Identification and Other Offeror Information APR 2011

(a) Definitions "Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a so-cial security number or an employer identification number.

(b) All offerors shall submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A and implementing regulations issued by the IRS. If the resulting contract is subject to the payment re-porting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN):

[__] TIN has been applied for.

[__] TIN is not required, because:____________________________________________________________ [__] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effect-ively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[__] Offeror is an agency or instrumentality of a foreign government;

[__] Offeror is an agency or instrumentality of the federal government.

(e) Type of organization:

[__] sole proprietorship;

[__] partnership;

[__] corporate entity (not tax-exempt);

[__] corporate entity (tax-exempt);

[__] government entity (federal, sate or local);

[__] foreign government;

[__] international organization per-26 CFR 1.6049-4;

[__] other ___________________________________________________________________________.

(f) Contractor Representations The offeror represents as part of its offer that it is [__], is not [__] , 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

[__] Women Owned Business [__] Minority Owned Business (if selected, then one sub-type is required)

[__] Black American Owned [__] Hispanic American Owned [__] Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians)

USCA20R0176 - Page 16 of 21

[__] Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indone-sia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Terrritory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

[__] Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Napal)

[__] Individual/concern, other than one of the preceding.

(END)

6-50 Representation of Rights in Data APR 2013

(a) This solicitation sets forth the judiciary's known delivery requirements for data (as defined in Clause 6-60, Rights in Data - General). Any data delivered under the resulting contract will be subject to Clause 6-60, Rights in Data - General included in this contract. Under Clause 6-60, a contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and delivery form, fit, and function data in-stead. Clause 6-60 also may be used with its Alternates I and/or II to obtain delivery of limited rights data or re-stricted computer software, marked with limited rights or restricted rights notices, as appropriate.

(b) By completing the remainder of this paragraph, the offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states (offeror check appropriate block):

[__] None of the data proposed for fulfilling the data delivery requirements…